RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 September 2005
      DOCKET NUMBER:  AR20040011478


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. G. E. Vandenberg              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |Member               |
|     |Mr. Michael J. Flynn              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that her 22 October 2004 DD Form 214
(Certificate of Release or Discharge) be corrected to show her home of
record as California and not Florida.

2.  The applicant states that she lived in Florida for only 6 months during
a divorce and then reentered the service.  She indicates that she has lived
in California the majority of her life and considers it her home.

3.  The applicant provides copies of a 3 November 2001 DD Form 214 and a
22 October 2004 DD Form 214 and her California driver's license.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show she entered active duty on 4 November
1997, under the last name of S_____.  She served honorably, attained the
rank of specialist (E-4), and was released from active duty on 3 November
2001, under the last name of G_____.

2.  The 3 November 2001 DD Form 214 lists her place of entry as Los
Angeles, California and her home of record at the time of entry as Visalia,
California.  It lists her mailing address after separation as Visalia,
California.

3.  Her service records for the second period of active duty are not
currently available for Board review.

4.  The applicant's 22 October 2004 DD Form 214 indicates she reenlisted on
26 April 2004 and was honorably released from active duty on 22 October
2004, under the last name of L______.  It lists her place of entry as
Montgomery, Alabama and her home of record as Panama City, Florida.  It
lists her mailing address after separation as Visalia, California, the same
address as listed on her original DD Form 214.

5.  The applicant's California driver's license shows her address as
Visalia, California.

6.   "Home of Record" (HOR) is a term used by the military for purposes of
indicating the place recorded as the home of the individual when
commissioned, appointed, enlisted, inducted or ordered into a tour of
active duty.  The HOR remains the same for the uninterrupted period of
active duty.  Once designated, the HOR is difficult for the Soldier to
change.  At the time of discharge from the service, the military department
will use the HOR to determine maximum travel and transportation allowances.
 A Soldier will not be paid travel/transportation expenses to a point
beyond the distance from the place assigned (at the time of separation) to
the HOR.  The HOR as listed on a Soldier's DD Form 214 is also used by many
state agencies to determine entitlement to state veteran's benefits.

7.  "Legal residence" refers to a person's permanent domicile, as
distinguished from a temporary residence.  Domicile is defined as that
place where a person has his or her fixed, permanent place of abode, to
which the person intends to return despite temporary residences elsewhere
or temporary absences.  Once established, a person’s legal residence, or
domicile, remains the same even when the person enters the Armed Forces and
lives in another state pursuant to military orders.  Because of the
protections provided under the Soldiers’ and Sailors’ Act of 1943, a
service member’s legal residence does not change until the member acts to
establish a new residence in the state in which assigned. Therefore, if a
member of the Armed Forces never acts to change his or her legal residence,
the member’s HOR and state of domicile will be the same.

8.  Army Regulation 635-5 (Separation Documents), paragraph 2-4h(7)(b)
(Home of Record at Time of Entry) states that the entry, at item 7b on the
DD Form 214, is obtained from the Soldier's initial enlistment contract or
appointment document.  The "Home of Record" is the place recorded as the
home of record of the Soldier when commissioned, appointed, enlisted, or
ordered to a tour of active duty.  This cannot be changed unless there is a
break in service of at least 1 full day.  Home of record is not always the
same as the legal domicile as defined for income tax purposes.  Legal
domicile may change during a Soldier's career.

DISCUSSION AND CONCLUSIONS:

1.  The applicant had an almost five-month break between her two periods of
service.  Since she had a break in service of over one (1) day a change in
the home of record entry would be authorized.

2.  The applicant's home of record and mailing address after separation on
her 3 November 2001 DD Form 214, mailing address after separation on her
22 October 2004 DD Form 214, and address on her California drivers license
are all the same address.  Taking these facts together with her contention
she was in Florida only for purpose of getting a divorce, it is reasonable
to presume that it was not the applicant's intention, when she reenlisted,
to change her home of address to her then legal domicile address in
Florida.

3.  Therefore, it would be in the interest of justice to correct her home
of record, on her 22 October 2004 DD Form 214, back to Visalia, California.

4.  Upon completion of the indicated correction it would be appropriate to
refer the applicant's file to the Defense Accounting and Finance Service to
determine if she is entitled to any additional travel/transportation
expenses based on the change in her home of record.


BOARD VOTE:

__JEA___  __BPI___ ___MJF_  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for relief.  As a result, the Board recommends
that all Department of the Army records of the individual concerned be
corrected by listing her home of record on her 22 October 2004 DD Form 214
as Visalia, California.

2.  The Board further recommends that, upon completion of the indicated
correction, the applicant's file be referred to the Defense Accounting and
Finance Service to determine if she is entitled to any additional
travel/transportation expenses based on the change in her home of record.





                                  _     James E. Anderholm________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040011478                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050922                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |                                        |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100 home of record                      |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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